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UNITED STATES v. MEYER

Nos. 85-5712, 85-5717 and 85-5724.

803 F.2d 246 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. James Stephen MEYER (85-5712), Edward Lynn McIntosh (85-5717), Noah Johnson, Jr. (85-5724), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 8, 1986.

Attorney(s) appearing for the Case

Wilbur M. Zevely, argued, Florence, Ky. (Court-appointed), Jon Larson, argued, Lexington, Ky. (Court-appointed), Allan W. Holbrook (lead counsel), argued (Court-appointed), Holbrook, Gary, Wible & Sullivan, Owensboro, Ky., for defendants-appellants.

Louis DeFalaise, U.S. Atty., Lexington, Ky., John M. Compton, argued, for plaintiff-appellee.

Before MERRITT and GUY, Circuit Judges, and BALLANTINE, District Judge.

MERRITT, Circuit Judge.

This is a consolidated appeal, by three defendants, from several convictions arising out of the attempted sale of cocaine to federal drug enforcement agents. Numerous issues are raised, all but one of which involve the application of well-settled law. We publish this opinion because in Part II. B. we deal with the issue of whether a drug offense "by its nature" is a "crime of violence" within the meaning of 18 U.S.C. §§ 16, 924, a...

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